DESIGNED TO HELP INNOVATORS WITH INTELLECTUAL PROPERTY RIGHTS.
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Trademark is an Intellectual Property asset obtained for certain names, symbols, devices, or words associated with the company’s corporate, product brand and identity. A trademark refers to both marks associated with services and goods. Technically, a “service mark,” is a mark associated with a service.
Trademarks are the distinctive identity of the company which is used to identify the company by the consumers. Such a distinctive identity could either be acquired by a wordmark or a device mark. Such marks are registered with the Trademark registry to claim exclusivity over such marks which helps the company to protect the goodwill of the company which it has earned over the years through its quality of goods and services. Thus Trademarks are registered to protect the unique identity of the company to safeguard the brand reputation being exploited by other competitors.
The main purpose of trademarks is to create a brand image allowing companies and individuals to indicate the source of their goods or services and distinguish them from others.
Requirements For Trademark
The registration of a Trademark shall be approved by the examiner only if the applied mark fulfils the requisite requirements as laid under the Indian Trademarks Act, 1999. The basic requirements which a trademark must fulfil to be registered are enlisted below:
The mark should be intrinsically distinctive.
The mark should be able to distinguish the particular product from other products.
The mark should be capable of graphical representation.
Thus these requirements basically mean that an applied mark must be unique and distinguishable from already existing marks so as to not cause deception to the public regarding the ownership of a particular trademark and such a mark must be capable of being represented in a sense which can be compared to already existing and upcoming similar trademarks so as to compare the distinctiveness of the mark through a graphical representation.
Thus it is necessary to ensure that the trademark is